Legal Opinion

Washburn v. State

Court of Criminal Appeals of Texas

Decided December 14, 1892No. 69PublishedCited by 3 opinions

Appeal from the District Court of Tyler. Tried below before Hon. W. H. Ford. On a trial, under indictment charging him with murder of one W. J. Colvin, appellant was convicted of murder in the second degree, and his punishment assessed at a term of twenty-five years in the penitentiary. In view of the question on which the case was disposed of on this appeal, it becomes unnecessary to give a statement of the facts adduced in evidence in the case.

1Opinion of the Court

DAVIDSON, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at a term of twenty-five years in the penitentiary.

One of the grounds of the motion for a new trial was, in substance, that defendant had not been accorded a fair and impartial trial, in that D. E. Pope, one of the jurors who tried the case, was not a qualified and competent juror, in that he was biased and prejudiced against defendant, and had determined his guilt prior to sitting on the jury, although he qualified himself as a juror when examined one his voir dire. The defendant and his…

2Cases cited2 opinions

  1. Henrie v. StateTexas Supreme Court · 1874
  2. Hanks v. StateTexas Supreme Court · 1858

3Cited by3 opinions

  1. Shaw v. StateCourt of Criminal Appeals of Texas · 1893
  2. Holmes v. StateCourt of Criminal Appeals of Texas · 1897
  3. Autry v. StateCourt of Criminal Appeals of Texas · 1941

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